AN ACT relating to forcible entry and detainer.

UNOFFICIAL COPY 26 RS BR 871
Page 1 of 2
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AN ACT relating to forcible entry and detainer. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 383.200 TO 383.285 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) If a forcible detainer action is dismissed, the court shall order the record 5
expunged upon the expiration of five (5) days. The order expunging the records 6
shall not require any action by the defendant. 7
(2) After the expungement, the proceedings in the matter shall be deemed never to 8
have occurred. The court and other agencies shall delete or remove the records 9
from their computer systems so that any official sta te-performed background 10
check will indicate that the records do not exist. The court and other agencies 11
shall reply to any inquiry that no record exists on the matter. The person whose 12
record is expunged shall not be required to disclose the fact of the re cord or any 13
matter relating thereto on an application for employment, credit, or other type of 14
application. 15
(3) (a) If an unemancipated minor is improperly named as a defendant in a 16
forcible detainer action: 17
1. The minor; 18
2. The minor's parent or guardian; or 19
3. Any other defendant named in the order; 20
may petition the court at any time to expunge the name of the minor from 21
the order. 22
(b) If the court finds that the person was an unemancipated minor at the time 23
the order was e ntered, the court shall expunge the name of the minor. An 24
expungement under this subsection shall be effective immediately. 25
(c) The Administrative Office of the Courts shall establish a form for a petition 26
for expungement pursuant to this subsection. 27
UNOFFICIAL COPY 26 RS BR 871
Page 2 of 2
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Section 2. KRS 383.250 is amended to read as follows: 1
(1) The clerk of the court shall carefully preserve all papers, records , files, and 2
proceedings, relating to the cause [; and shall deliver, to any person requiring it, a 3
transcript thereof]. 4
(2) The papers, records, files, and proceedings of the court shall not be open to 5
inspection by persons other than parties to the proceedings and their attorneys 6
except under order of the court expressly permitting inspection. 7
(3) Upon entry of the final order in the case, the clerk shall place all papers, records, 8
files, and proceedings from the case in a suitable envelope which shall be sealed 9
and shall not be open for inspection without a written order of the court. 10
Section 3. Section 1 of this Act shall apply to actions for forcible detainer 11
brought on or after the effective date of this Act. 12